Spousal support and partner support in large part follow the same rules when determining whether there would be a Retroactive Adjustment to Child Support (arrears or an overpayment). However, there are some important exceptions.

Providing effective notice that spousal support should be paid, and bringing a court application without delay are both more important in relation to spousal support (Kerr v. Baranow, 2011 SCC 10 at para 208). That's because while most people should be able to easily calculate their child support payments, the discretionary nature of spousal support means that payors might not know whether they should pay at all, or how much.

If property is being divided before or at the same time that retroactive spousal support is determine, we always have to subtract the retroactive support award from payor’s assets, because that’s money that the payor wouldn’t have been able to save if they'd paid support (Corbeil v Corbeil, 2001 ABCA 220 at paras 60 to 63, 66, 67). We might also be able to add the amount to the payee’s assets if they would have saved it or used other assets to live on, but not if they had no assets and probably would have just spent it, or the payor ignored a past order for support (Corbeil v Corbeil, 2001 ABCA 220 at paras 64, 65, 67).